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Evidence supports assault conviction
Where two sheriff’s deputies testified identically that appellant punched one of them in the face three times, appellant is not entitled to reversal of his assault and battery conviction on the basis that the deputies’ testimony conflicted regarding some of the details of the incident. Background Eller and Shoop, two Virginia Beach sheriff’s deputies, were […]
Burglary and larceny convictions upheld
Where the appellant possessed items taken from two homes after the doors were kicked in, the trial court could infer that he committed the breaking and entering of each home. Further, the court was free to disbelieve appellant’s explanation that he bought the items from an individual and did not know they were stolen. The […]
Prior drug conviction triggers enhanced penalty
Where appellant was previously convicted of possession with intent to distribute imitation cocaine, that conviction qualifies as a predicate offense, which triggers statutory enhanced sentencing penalties for his current conviction for possession with the intent to distribute heroin and fentanyl, second offense. Background At trial, the commonwealth “introduced a certified copy of appellant’s [...]
Pre-existing condition limits disability award
The Virginia Workers’ Compensation Commission correctly determined that claimant had a pre-existing condition that affected her ability to use her hip. Further, the commission correctly determined that although her treating physician opined that she had a 50 percent disability, she was entitled to a 25 percent permanent partial disability after apportioning 25 percent to her […]
Commonwealth’s jury trial request was not vindictive
Where appellant claims the prosecutor violated his speedy trial rights by vindictively dismissing the charges and reindicting him, the record establishes that the prosecutor dismissed and reindicted due to conflicts in the trial court’s schedule. Overview On Oct. 1, 2018, appellant was indicted on two charges of failing to register as a sex offender. The […]
Sufficient evidence supports child pornography conviction
Where appellant was convicted of one count of possessing child pornography and 99 counts of possessing child pornography as a second or subsequent offense, there was sufficient evidence that he knowingly possessed the images that the police found on three computer hard drives. Appellant’s apartment “We first address appellant’s contention that the evidence was insufficient […]
Fully served sentence moots appeal
Although the trial court erred when it ruled that it lacked jurisdiction to hear appellant’s emergency motion to reconsider his sentence, his appeal is moot because he has fully served his sentence. Moot appeal The trial court stated that it lacked jurisdiction to hear appellant’s emergency motion because appellant had appealed the underlying revocation order […]
Previously available evidence dooms actual innocence writ
The court denies a petition for a writ of actual innocence because it was based on evidence available to petitioner before his conviction became final in the circuit court. Background On July 27, 2010, petitioner Johnson pleaded guilty to bank robbery. After the plea but before sentencing, Johnson filed several pro se motions alleging ineffective […]
Dual convictions did not violate double jeopardy
Where appellant was convicted in two different counties for felony eluding, there was no double jeopardy violation. Even though the convictions arose from the same incident, the motorists endangered were not the same in the two counties. Background In Chesterfield County, a state trooper pursued appellant driving a Maserati on a freeway over 90 mph, […]
Insufficient evidence of possession in drug case
Even though the police discovered documents and court papers bearing appellant’s name in an apartment bedroom, there was insufficient evidence that appellant constructively possessed marijuana and Xanax that was also found in the bedroom. His possession with intent to distribute convictions are reversed. Overview Police executed a search warrant for an apartment on Lakota Drive […]
Court had authority to correct scrivener’s error
Where the court issued a series of sentencing orders that contained errors, the court had the authority under Code § 8.01-428(B) to modify the orders so the record accurately reflects its rulings. Setting it straight Appellant entered guilty pleas to indecent liberties, which has a one- to 10-year sentence and to possessing child pornography, which […]
Past rape conviction allowed at bench trial
Even assuming, without deciding, that the trial court erred by admitting a 1989 rape conviction at appellant’s bench trial for three sex crimes, any error was harmless. The minor child’s testimony about appellant’s abuse was corroborated with a DNA test showing appellant impregnated her. Background J.C., the young victim, her siblings and her mother lived […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
- Court affirms convictions for abduction, malicious wounding
- Officials allegedly assaulted inmate
- Non-party discovery dispute transferred
- No sanctions levied for ‘deplorable’ communications
- Progress note was party admission in damages trial
- No res judicata bar to personal injury claim
- Default judgment set aside in accident case
- Motion to set aside default judgment denied
- Punitive damages cap applies per lawsuit
